: But, Congress cannot abolish the common law, : because it is preserved expressly by the: Seventh Amendment. See also FRCP Rule 38, : in pari materia with the Seventh Amendment,: where the Right to jury trials in federal civil: cases is preserved "inviolate" [sic].

: Thus, a state Citizen's Right to invoke the: common law is a fundamental Right, because: it is guaranteed by the U.S. Constitution.: Confer at "Fundamental rights" in Black's: Law Dictionary, Sixth Edition. Under the: Downes Doctrine, state Citizens do have: standing to invoke the common law.

: The meaning of "common law" as used in the: Seventh Amendment can only be amended by: three-fourths of the several states, and: it has never been amended since the Bill of: Rights was first ratified. Thus, it retains: the meaning it had when it first became: supreme Law.

: Compare also U.C.C. 1-207.

: Consequently, the Right to invoke the common : law is not alienable by Congress nor by the: federal judiciary.